Penney Farms, Inc. v. Heffron

Plaintiff, Penney Farms, Inc., appeals the damage award of a favorable judgment.

The sole issue is whether the trial court applied the appropriate measure of damages for injury to and destruction of commercial orchard trees when it awarded plaintiff $225.1 We find that it did not.

The purpose underlying tort damages is succinctly set forth in C. McCormick, Law of Damages § 137 (1935):

The primary aim in measuring damages is compensation [.] . . . [T]his contemplates that the damages for a tort should place the injured person as nearly as possible *152in the condition he would have occupied if the…